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DOMANSKY v. BERKOVITCH

243 A.D.2d 374 (1997)

664 N.Y.S.2d 556

Martin Domansky, Individually and as Shareholder of Mermaid Plaza Associates, Inc., Respondent, v. Alexander Berkovitch et al., Appellants. Scott Domansky, Individually and as Shareholder of VAB Corp., a General Partner of West 142nd Street Associates, L.P., Respondent, v. Alexander Berkovitch et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 28, 1997

A temporary receiver was properly appointed upon a sufficient showing of plaintiffs' interests in the subject entities and guarantees of the loans, and that the loan proceeds were being misappropriated or diverted (CPLR 6401 [a]; see, Dolgoff v Projectavision, Inc., 235 A.D.2d 311, 312). Summary judgment on plaintiff's first cause of action was properly granted, the documentary evidence establishing that defendant Berkovitch...

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